[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 38. Death]
[Â§ 3. Death Benefits; Claims of Survivorâs Spouse]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 586-592]
 
                               CHAPTER 38
 
                                 Death
 
Sec. 3. Death Benefits; Claims of Survivor's Spouse

    When a Member of the House dies after the commencement of the 
Congress to which he had been elected, any unpaid salary and other sums 
due him at the date of death, are paid to his survivors in the order of 
precedence specified by statute.(1)
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 1. 2 USC Sec. 38a.
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    The House Sergeant at Arms is authorized(2) to defray 
the funeral expenses of the deceased Member and to defray the expenses 
of the surviving spouse, or minor children, or both, of the deceased

[[Page 587]]

Member incurred in attending the funeral rites and burial of such 
Member. A gratuity for surviving spouses of Members--amounting to one 
full year's pay--is authorized subsequent to a Member's death in an 
appropriations bill.(3) A gratuity for surviving spouses of 
House employees is also authorized by law.(4)
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 2. See 2 USC Sec. 124.
 3. See, e.g., H.J. Res. 122 at 148 Cong. Rec. 20304, 107th 2d Sess., 
        Oct. 10, 2002; Pub. L. No. 107-240 (Mink).
 4. 2 USC Sec. 125.
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    The surviving spouse of a deceased Member is authorized use of the 
frank for a period of 180 days following the death of a Member for 
correspondence relating to the death.(5) The surviving 
spouse of a former President is also authorized use of the 
frank.(6)
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 5. 39 USC Sec. 3218.
 6. Id. at Sec. 3214.
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    Death benefits and payment toward funeral expenses have been 
allotted to the surviving spouses of two Capitol Police officers killed 
in the line of duty in the Capitol,(7) the Sergeant at 
Arms,(8) and the Doorkeeper.(9)
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 7. See Sec. 3.5, infra.
 8. See Sec. 3.6, infra.
 9. See Sec. 3.7, infra.                          -------------------
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Benefits for President's Widow

Sec. 3.1 Jacqueline Bouvier Kennedy, widow of the assassinated 
    President, was granted: (1) the franking privilege, (2) office 
    space, (3) secretarial staff for one year, as well as (4) secret 
    service protection for a two-year period. The same bill also 
    appropriated funds to cover expenses incident to the death and 
    burial of President John F. Kennedy.

    On Dec. 2, 1963,(1) the House agreed to a motion to 
suspend the rules and pass a bill providing office space, franking, and 
other privileges for Mrs. Kennedy. The bill also authorized 
appropriations for the payment of expenses incidental to the death and 
burial of the former President.
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 1. 109 Cong. Rec. 22978, 22979, 88th Cong. 1st Sess.
            H.R. 9291 passed the House on Dec. 2, 1963. The Senate 
        amended it on Dec. 3, 1963. The House agreed to the Senate 
        amendment with an amendment on Dec. 9, 1963. The Senate agreed 
        thereto on Dec. 10, 1963. See Pub. L. No. 88-195 for the 
        complete text.
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    Parliamentarian's Note: Because of the anomalous circumstances 
pertaining to the death of President Kennedy, privileges granted his 
widow were broader in scope than would ordinarily be the case for the 
widow of a President. Anticipating a heavy influx of mail as well as 
the possibility of

[[Page 588]]

threats to her life, facilities for attending to correspondence, and 
secret service protection were granted for the two-year period.

Funeral Expenses

Sec. 3.2 A resolution was agreed to authorizing and directing the Clerk 
    of the House to pay expenses in connection with the funeral of the 
    late Speaker Sam Rayburn.

    On Jan. 10, 1962,(1) the following resolution was 
offered and agreed to:
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 1. 108 Cong. Rec. 8, 87th Cong. 2d Sess.
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        Mr. [Omar T.] BURLESON [of Texas]. Mr. Speaker, I offer a 
    resolution and ask for its immediate consideration.
        The Clerk read as follows:

                                  H. Res. 486

        Resolved, That the Clerk of the House is hereby authorized and 
    directed to pay all the expenses in connection with the funeral of 
    the late Speaker Sam Rayburn, and such sum as may be found 
    necessary to carry out the purpose of this resolution shall be paid 
    out of the contingent fund of the House.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 3.3 Payment of expenses incurred by the Clerk and the Sergeant at 
    Arms in connection with preparations for memorial services for a 
    former Majority Leader and Member-elect was authorized from the 
    House contingent fund.

    On Jan. 3, 1973,(1) a resolution(2) offered 
by Rep. Olin E. Teague, of Texas, concluded with an authorization for 
payment of certain expenses relating to memorial services for the 
former Majority Leader of the House, Hale Boggs, of Louisiana:
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 1. 119 Cong. Rec. 15, 16, 93d Cong. 1st Sess.
 2. H. Res. 1.
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        Resolved, That the Speaker be authorized to appoint a 
    delegation of Members of this House, together with such Members of 
    the Senate as may be joined, to attend memorial services to be held 
    for the former Majority Leader in New Orleans, Louisiana, on 
    January 4, 1973.
        Resolved, That the Sergeant at Arms of the House be authorized 
    and directed to take such steps as may be necessary to carry out 
    the provisions of these resolutions and that the necessary expenses 
    in connection therewith, as well as any incurred by the Clerk at 
    the Speaker's request, be paid out of the contingent fund of the 
    House.
        Resolved, That the Clerk communicate these resolutions to the 
    Senate, to the Governor of the State of Louisiana, and transmit a 
    copy to the family of the missing Representative-elect Hale Boggs.

[[Page 589]]

        The resolution was agreed to.

Survivor's Benefits

Sec. 3.4 Parliamentarian's Note: The gratuity equal to one year's 
    salary traditionally paid by the House to the surviving spouse or 
    closest living relative of a Member who dies in office normally is 
    contained in the legislative branch appropriation bill. However, in 
    the cases of two Members-elect presumed to have died in a plane 
    crash the preceding October, resolutions were, by unanimous 
    consent, offered from the floor and agreed to at the inception of 
    the 93d Congress, making the gratuities immediately available out 
    of the House contingent fund.

    On Jan. 3, 1973,(1) Rep. F. Edward Hebert, of Louisiana, 
offered House Resolution 8, authorizing expenditures in connection with 
a gratuity for the widow of the late Member-elect and Majority Leader 
Hale Boggs, of Louisiana:
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 1. 119 Cong. Rec. 27, 93d Cong. 1st Sess.
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        Mr. HEBERT. Mr. Speaker, I offer a resolution (H. Res. 8) and 
    ask unanimous consent for its immediate consideration.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana?
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 2. Carl Albert (OK).
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        There was no objection.
        The Clerk read the resolution as follows:

                                   H. Res. 8

        Resolved, That there shall be paid from the contingent fund of 
    the House a sum equal to the annual compensation of the Majority 
    Leader of the House of Representatives in the 92nd Congress as a 
    gratuity to Corinne C. Boggs (Mrs. Hale Boggs) of Louisiana. . . .
        The resolution was agreed to.

    On the same day,(3) Mr. Thomas P. O'Neill, Jr., of 
Massachusetts, offered House Resolution 9:
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 3. 119 Cong. Rec. 27, 93d Cong. 1st Sess.
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                                   H. Res. 9

        Resolved, That there shall be paid out of the contingent fund 
    of the House a sum equal to the annual compensation of a 
    Representative in Congress as a gratuity to Margaret J. Begich, 
    widow of Nick Begich, late a Representative-elect from the State of 
    Alaska. . . .
        The resolution was agreed to.

Sec. 3.5 Following the death of two Capitol Police officers killed in 
    the line of duty in the Capitol, a concurrent resolution was 
    adopted authorizing the Sergeant at Arms to make payments in 
    connection with funeral expenses

[[Page 590]]

    and authorizing the Chief Administrative Officer to pay a gratuity 
    to their surviving spouses.

    On July 27, 1998,(1) the following procedures took 
place:
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 1. 144 Cong. Rec. 14738, 105th Cong. 2d Sess. See also Ch. 36, supra.
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        Mr. [Tom] DeLAY [of Texas]. Mr. Speaker, I ask unanimous 
    consent that the Committee on House Oversight be discharged from 
    further consideration of the concurrent resolution (H. Con. Res. 
    310) and I ask for its immediate consideration and adoption by the 
    House.
        The SPEAKER pro tempore.(2) The Clerk will report 
    the concurrent resolution.
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 2. John M. Shimkus (IL).
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        The Clerk read as follows:

                                H. Con. Res. 310

        Resolved by the House of Representatives (the Senate 
    concurring),

     SECTION 1. AUTHORIZING USE OF THE ROTUNDA OF THE CAPITOL FOR 
                   MEMORIAL SERVICE FOR DETECTIVE JOHN MICHAEL 
                   GIBSON AND PRIVATE FIRST CLASS JACOB JOSEPH 
                   CHESTNUT.

       The rotunda of the Capitol is authorized to be used for a 
     memorial service and proceedings related thereto for 
     Detective John Michael Gibson and Private First Class Jacob 
     Joseph Chestnut of the United States Capitol Police on 
     Tuesday, July 28, 1998, under the direction of the United 
     States Capitol Police Board.

     SEC. 2. PLACEMENT OF PLAQUE IN CAPITOL IN MEMORY OF DETECTIVE 
                   GIBSON AND PRIVATE FIRST CLASS CHESTNUT.

       The Architect of the Capitol shall place a plaque in honor 
     of the memory of Detective John Michael Gibson and Private 
     First Class Jacob Joseph Chestnut of the United States 
     Capitol Police at an appropriate site in the United States 
     Capitol, with the approval of the Speaker of the House of 
     Representatives and the President Pro Tempore of the Senate.

     SEC. 3. PAYMENT OF FUNERAL EXPENSES FOR JOHN GIBSON AND JACOB 
                   JOSEPH CHESTNUT.

       (a) In General: The Sergeant at Arms of the House of 
     Representatives is authorized and directed to make such 
     arrangements as may be necessary for funeral services for 
     Detective John Michael Gibson and Private First Class Jacob 
     Joseph Chestnut of the United States Capitol Police, 
     including payments for travel expenses of immediate family 
     members, and for the attendance of Members of the House of 
     Representatives at such services, including payments for 
     expenses incurred by Members in attending such services.
       (b) Source and Manner of Making Payments: Any payment made 
     under subsection (a) shall be made from the applicable 
     accounts of the House of Representatives, using vouchers 
     approved in a manner directed by the Committee on House 
     Oversight.

     SEC. 4. PAYMENT OF SURVIVOR'S GRATUITY TO WIDOWS OF JOHN 
                   GIBSON AND JACOB JOSEPH CHESTNUT.

       (a) In General: In accordance with the first sentence of 
     the last undesignated paragraph under the center heading 
     ``HOUSE OF REPRESENTATIVES'' in the first section of the 
     Legislative Branch Appropriation Act, 1955 (2 USC 125), the 
     Chief Administrative Officer of the House of Representatives 
     is authorized and directed to pay, from the applicable 
     accounts of the House of Representatives
       (1) a gratuity to the widow of Detective John Michael 
     Gibson of the United States Capitol Police in the amount of 
     $51,866.00; and
       (2) a gratuity to the widow of Private First Class Jacob 
     Joseph Chestnut of the United States Capitol Police in the 
     amount of $47,280.00.
       (b) Treatment as Gift: Each gratuity paid under subsection 
     (a) shall be held to have been a gift.

     SEC. 5. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF CAPITOL 
                   POLICE MEMORIAL FUND.

       It is the sense of Congress that there should be 
     established under law a United States Capitol Police Memorial 
     Fund for the surviving spouse and children of members of the 
     United States Capitol Police who are slain in the line of 
     duty.

        The SPEAKER pro tempore (Mr. Shimkus). Is there objection to 
    the request of the gentleman from Texas?
        There was no objection.

Sec. 3.6 Following the death of the Sergeant at Arms, a resolution was 
    passed authorizing the contingent fund of

[[Page 591]]

    the House to pay one year's salary and an additional amount to 
    defray funeral expenses.

    On July 13, 1953,(1) the following proceedings took 
place:
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 1. 99 Cong. Rec. 8696, 8697, 83d Cong. 1st Sess.
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        Mr. [Karl M.] LeCOMPTE [of Iowa]. Mr. Speaker, I ask unanimous 
    consent for the immediate consideration of a resolution (H. Res. 
    335) providing a gratuity for the widow of the late Sergeant at 
    Arms, William F. Russell, which resolution was introduced by the 
    gentleman from Pennsylvania [Mr. Graham].
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Iowa?
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 2. Joseph W. Martin, Jr. (MA).
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        There was no objection.
        The Clerk read the resolution, as follows:

            Resolved, That there shall be paid out of the contingent 
        fund of the House to Helen W. Russell, widow of William F. 
        Russell, late Sergeant at Arms of the House of Representatives, 
        an amount equal to 1 year's salary at the rate he was receiving 
        at the time of his death, and an additional amount not to 
        exceed $350 toward defraying the funeral expenses of said 
        William F. Russell.

        The resolution was agreed to, and the motion to reconsider was 
    laid on the table.

Sec. 3.7 By resolution, the widow of the Doorkeeper was allotted funds 
    equivalent to one year's salary and an additional amount for 
    funeral expenses.

    On Feb. 16, 1943,(1) Mr. Nat Patton, of Texas, called up 
House Resolution 100, which provided payment of funeral expenses and 
salary to the wife of Joseph J. Sinnot, the late Doorkeeper of the 
House of Representatives:
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 1. 89 Cong. Rec. 1000, 78th Cong. 1st Sess.
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        Mr. PATTON. Mr. Speaker, I call up House Resolution 100, which 
    provides for the payment of funeral expenses and a year's salary to 
    the wife of our deceased Doorkeeper and ask for its immediate 
    consideration.
        The Clerk read the resolution, as follows:

            Resolved, That there shall be paid out of the contingent 
        fund of the House to Mrs. Alyce W. Sinnott, widow of Joseph J. 
        Sinnot, late Doorkeeper of the House, an amount equal to 1 
        year's salary compensation, and an additional amount not to 
        exceed $250 to defray funeral expenses of the said Joseph J. 
        Sinnott.

        The resolution was agreed to.

Payment of Benefits During Adjournment; Determination of Beneficiary by 
    Clerk

Sec. 3.8 The Clerk was authorized by the House, during the period after 
    the close of the first session of the 80th Congress, until Jan. 3, 
    1948, to pay out of the contingent

[[Page 592]]

    fund an amount equal to six months' salary of any deceased employee 
    and $250 for funeral expenses to whomever in the judgment of the 
    Clerk would be justly entitled thereto subject to the approval of 
    the Committee on House Administration.

    On July 11, 1947,(1) a privileged resolution was 
introduced and agreed to, as follows:
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 1. 93 Cong. Rec. 8708, 80th Cong. 1st Sess.
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        Mr. [Karl M.] LeCOMPTE [of Iowa]. Mr. Speaker, by direction of 
    the Committee on House Administration, I offer a privileged 
    resolution (H. Res. 283) and ask for its immediate consideration.
        The Clerk read as follows:

            Resolved, That during the period of any adjournment or 
        recess of the House after the close of the first session of the 
        Eightieth Congress until January 3, 1948, the Clerk of the 
        House is authorized to pay out of the contingent fund of the 
        House an amount equal to 6 months' salary of any deceased 
        employee of the House at the rate such employee was receiving 
        at the time of his or her death and an additional amount not to 
        exceed $250 toward defraying the funeral expenses of any such 
        employee to whomsoever in the judgment of the Clerk is justly 
        entitled thereto subject to the approval of the Committee on 
        House Administration.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 3.9 In the 83d Congress, a resolution was passed providing that 
    during the period of any adjournment of the 83d Congress until Jan. 
    3, 1954, the Clerk may pay six months' salary of any deceased 
    employee and $350 for funeral expenses.

    On July 17, 1953,(1) the following proceedings took 
place:
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 1. 99 Cong. Rec. 9072, 83d Cong. 1st Sess.
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        Mr. [Karl M.] LeCOMPTE [of Iowa]. Mr. Speaker, I call up House 
    Resolution 340 approved unanimously by the Committee on House 
    Administration and ask for its immediate consideration.
        The Clerk read the House resolution, as follows:

            Resolved, That during the period of any adjournment or 
        recess of the House of the first session of the 83d Congress 
        until January 3, 1954, the Clerk of the House is authorized to 
        pay out of the contingent fund of the House an amount equal to 
        6 months' salary of any deceased employee of the House at the 
        rate such employee was receiving at the time of his or her 
        death and an additional amount not to exceed $350 toward 
        defraying the funeral expenses of any such employee to whomever 
        in the judgment of the Clerk is justly entitled thereto subject 
        to the approval of the Committee on House Administration.

        The resolution was agreed to, and a motion to reconsider was 
    laid on the table.

[[Page 593]]